Product Stewardship Institute
PSI is a national nonprofit that provides technical, regulatory, and policy support on packaging EPR and other stewardship programs across the municipal waste stream. We assist state and local governments with bill development, comparative analysis, harmonization across jurisdictions, and implementation of best practices. PSI has developed model packaging EPR policies over the past 15 years, contributed to each enacted state law, played active roles in shaping the Maryland and
Minnesota statutes, and supports implementation in Oregon and Colorado. We also lead a
national multi-stakeholder packaging EPR harmonization task force, convene a government-only
strategy workgroup, and advise emerging states on EPR best-practice bill elements.
Recommendations for Policymakers Developing Circular Policy & EPR for Packaging Policies:
1. Ensure that all paper and packaging introduced as part of the municipal solid waste (MSW) stream are included as Covered Materials.
Ensuring a clear, comprehensive material scope is the foundation of an effective EPR system. Including all commonly generated packaging and paper ensures consistent reporting, system design, and fee-setting; reduces free ridership; and supports more accurate planning and performance evaluation. It also provides residents and small businesses with predictable recycling access statewide.
2. Require a study of exemptions before including them in statute.
Material exemptions & producer exemptions significantly influence program participation, cost allocation, material flows, and environmental outcomes. Without evaluating their cumulative impacts, exemptions risk weakening program effectiveness and shifting costs to compliant producers or local governments. A statutory requirement for an agency-led assessment—examining economic, operational, and environmental impacts—ensures exemptions are evidence-based, limited to legitimate needs, and do not undercut the intent of EPR.
3. Adopt a harmonized two-tier producer obligation hierarchy to ensure clarity, prevent double counting, and reduce compliance burdens.
States differ widely in defining “producer” and determining who is responsible for packaging. A consistent hierarchy: (1) brand owner or trademark holder; (2) if none, the importer into the state -- reduces compliance burdens, prevents double counting, aligns with international norms, and allows PROs to establish uniform onboarding, reporting, and budgeting processes while creating a clear pathway for the state’s regulatory enforcement. A harmonized and simple obligation hierarchy protects against inappropriate under- or overpayment and provides compliance clarity for both producers and regulators.
For more information, please consider these external resources available in the Public Facing Statements & Resources Section: